Kaufman v Boies Schiller Flexner, LLP 2022 NY Slip Op 06883 Decided on December 06, 2022 Appellate Division, First Department is a terse decision which modifies Supreme Court’s complete dismissal of all claims. Now, a breach of contract claim remains. Judiciary Law § 487 is out.
“The complaint stated a limited cause of action for…
Successfully pleaded Judiciary Law § 487 claims are not a given. Default judgments are even rarer, but here is one example. In Ezra Huber & Assoc., P.C. v Genevieve Lane Lopresti
2022 NY Slip Op 06910 Decided on December 7, 2022 Appellate Division, Second Department the default judgment was affirmed.
“The plaintiff commenced this action…
Federal Ins. Co. v Lester Schwab Katz & Dwyer, LLP 2022 NY Slip Op 07149 Decided on December 15, 2022 Appellate Division, First Department is a case by the insurer versus its attorney arising from what was most likely a personal injury claim. Overlooking the actual email sent by the law firm, Plaintiff sued for…
Pro-se litigation often raises difficult questions of whether attorneys (relying on regular practices) have said something deceitfully, or whether the Pro-se simply does not understand how litigation procedure works. Delo v O’Connor 2022 NY Slip Op 34135(U) December 7, 2022 Supreme Court, New York County Docket Number: Index No. 652721/2022 Judge: Arlene P. Bluth is…
Belair & Evans LLP v Rizzo 2022 NY Slip Op 06986 Decided on December 08, 2022 Appellate Division, First Department is an example of the Court taking things into its own hands and directing a show cause order why a counterclaim should not be dismissed. Then the Court dismissed all the counterclaims.
“Order, Supreme Court,…
A recurring situation where a law firm moves to be relieved shortly before a motion for summary judgment or before trial is often linked to the lack of an expert, or the reluctance of the law firm to hire (and expend funds for) an expert. Of course, this is not the only reason law firms…
Buried in the lede is the notion that legal malpractice claims were dismissed, and no appeal presented. Breach of fiduciary duty claims in Jadidian v Goldstein 2022 NY Slip Op 06695
Decided on November 23, 2022 Appellate Division, Second Department were dismissed as well, but an appeal was attempted on the basis that the statute…
Rosenbaum v Myers, 2022 NY Slip Op 33975(U) November 18, 2022 Supreme Court, New York County Docket Number: Index No. 652971/2019 Judge: Lucy Billings is a most unusual story. Attorney and divorce client meet, successfully obtain the divorce, fashion the attorney fee payment based upon investment advice given by the attorney to the client,…
Earlier, we discussed the elements of a Breach of Fiduciary Duty Claim as enunciated in Shan Yun Lin v Lau 2022 NY Slip Op 06279 Decided on November 9, 2022 Appellate Division, Second Department. Today, legal malpractice elements.
“The existence of an attorney-client relationship is an essential element of a cause of action to recover…
Shan Yun Lin v Lau 2022 NY Slip Op 06279 Decided on November 9, 2022 Appellate Division, Second Department gives a concise description of a good breach of fiduciary duty claim.
“The Supreme Court also properly denied dismissal of the breach of fidiciary duty cause of action as duplicative of the legal malpractice cause of…
